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HomeMy WebLinkAbout878296· . i ,.. ' .~.?.i ORIGINAl, -~- ~'~ UIC LAW DEPARTMENT 'u DOCUMENT NO. ].-3374-2 ...... Page 1 ~ L.C. Sa~ .~.e No. 7490--F "~ --~1'720; '~.i l<i)[.!~:.~'!",~-' ~".!. i:ll~i,( L.C. Deed No. 7566 "~,.~ ': ~'-O~. THIS DEED, Made' this"?}" ~?~T"' '~d'"a/'i'"y 'l,. ~f,.,; ~''~ ~-':, r,8~~_ ~,~ z 1985, between UNION PACIFIC LAND ~SOURCES C~RPO~TION, a '~:}~ ~ corporation of the State of Nebraska, Grantor, and P~NK RUSSO,  8 an individual, whose postal address is 1325 Sorensen Drive, ~ Kemmerer, Wyoming 831bl, Grantee: z~ ~ WITNESSETH, That Grantor, for and in consideration of .~]~ the sum of Seven Hundred~ Eighty-Four Dollars and Forty Cents ($784.40), to it paid by Grantee, the receipt whereof is hereby . confessed and acknowledged, has granted, bargained, sold and conveyed, and by 'these presents does grant, bargain, sell and convey unto Grantee. a PE~ETUAL EASEMENT solely for maintenance, repair, renewal, relocation and non-exclusive use of an existing roadway (hereinafter called "roadway") over and across the property of Grantor situate ~n the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 33, Township 21 North, Range 115 West of the Sixth Principal Meridian in the County of Lincoln, State of Wyoming, described in Exhibit A hereto attached and hereby made a part hereof. RESERVING, however, to Grantor, ihs successors and assigns, the right to construct at any and all times and to maintain roads, highways, railroad tracks, pipelines and telephone, telegraph and electric power pole and wire lines, over, under and across (but in such a way as not unreasonably to interfere with) said. roadway of Grantee on the premises described in Exhibit A; it being understood that the right so reserved to Grantor, its successors and assigns, is retained along with the general right of Grantor, .its successors and assigns, to use and to permit others to use said premises for any purpose not inconsistent with the use by Grantee of said easement for the purposes here~n de- fined~ and that the rights herein granted for the use of the premises described in Exhibit A for roadway purposes, are not exclusive, but are to be used jointly with Grantor and with others to whom Grantor has given or may give similar rights. Grantee by the acceptance of this deed agrees to indemnify and hold harmless Grantor and its affiliates, their officers, agents, employees, successors or assigns, against and from any and all liability, loss, damage, claims, demands, actions, causes of action, costs and ex- penses of whatsoever nature, including court costs and attorneys' fees, which may result from personal injt~ry to UIC LAW DEPARTMENT .,' DOC[~MENT NO. 1-3374-2 " Page 2 484 or death of persons whomsoever, or damage ho or loss or destruction of property whatsoever, when such personal injury, death, loss~ destruction or damage, howsoever caused, grows out of or arises from the exercise by Grantee of any of the rights herein granted wiuh respect to the premises described ~n Exhibit A or the presanc~ thereon of any property of Grantee. The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation which directly or indirectly controls, or is controlled by, or is under common control with Grantor (Union Pacific Railroad Company is one of several corporations under common control with Grantor.) This deed is made subject to all outstanding leases and other outstanding rights, including, but not limited to, those for highways and other roadways and rights of way for irrigation ditches, pipelines, pole and wire lines and the right of renewals and extensions of the same, and subject also to all con. ditions, limitations, restric- tions, encumbrances, reservations or interests of any person which may affect the said land, whether recorded or unrecorded. The grant of easement herein made is on the express condition that Grantor, 'its successors and assigns, shall not be liable to Grantee, his heirs or assigns, for any damage occurring to the installations made or to be made by Grantee upon the lands herein granted in easement or for any other damage whatsoever occasioned by subsidence of the surface of said lands as a result of mining~ underneath the same or re- sulting in any other way from the removal of coal or other minerals in or underlying the lands described in Exhibit A. It is expressly made a condition of this easement that if Grantee, his heirs or assigns, shall abandon the premises of Grantor in the location described in Exhibit A, or any portion of said premises, for the purposes of this easement, then and in that event all the rights herein gragted shall cease and determine with respect to the premises so abandoned, and the title to said premises shall be freed from the burden of said easement; and it is further agreed that nonuser of the premises described in Exhibit A or any portion thereof for the purposes of said easement for the period of one (1) year shall be deemed an abandonment of the premises or portion thereof not used. In the event of the UIC LAW DEPART~.~iENT DOCUMENT NO. !-337~-2 Page 3 abandonment of the premises of Grantor in the location de- scribed in Exhibit A, or any portion of said premises, either by nonuser or otherwise, Grantee shall deliver to Grantor a recordable instrument evidencing that the title to the premises so abandoned is free and clear of the burden of said easement and is free and clear of liens, encumbrances, clouds upon or defects in the title to said premises created or permitted to be created by Grantee. If the roadway or any portion thereof is abandoned, and Grantee fails to commence good faith efforts to remove the roadway so abandoned and restore the portion of the land described in Exhibit A to which the abandoned roadway is appurtenant to its original condition within ninety (90) days after receipt of notice from Grantor to perform such activities, Grantor may perform such activities for the account of Grantee. The easement herein granted is subject to the needs and requirements of Grantor, its successors and assig~s, in the improvement and use of its property, and Grantee shall, at the sole expense of Grantee, move all or any portion of said road- way to such new location or remove said roadway from the ].ands described in Exhibit A, as Grantor may designate, whenever, the furtherance of such needs and requirements, Grantor shall find such action necessary or desirable. All the terms, conditions and stipulations herein expressed with reference to said roadway on the ].ands de- scribed in Exhibit A shall, so far as the roadway remains on said land, apply ho the roadway as modified, changed or re- located within the contemplation of the preceding paragraph. Grantee agrees that alt of the surface ar.~as of t]~e right of way disturbed in the exercise of the rights granted hereunder shall be reseeded with fifty percent · (50%) Crested Wheat Grass and fifty percent (50%) Western Thick Spike Wheat Grass, to be applied at the rate of ten (10) pounds per acre; provided, however, in the event the reseeding and maintenance of such areas with fifty percent (50%) Crested Wheat Grass and fifty percent (50%) Western Thick Spike Wheat Grass falls below standards consistent with. applicable Bureau of Land Management, United States Department of Interior, requirements on comparable adjacent areas of public lands, then in that event such higher standards as may be required by the Bureau of Land Management, United States Department of Interior, shall be UIC LAW DEPARTMENT DOCUMENT NO. ].-3374-2 Page 4 adhered to. Additionally, Grantee shall eradicate all noxious weeds from said la~ds and shall not allow the same to go to seed. Grantor, Federal ID No. 13-2678588, is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Grantee. An Affidavit and Certification prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code is attached as Exhibit B. IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its President and attested by its Assistant Secretary, and its corporate seal to be hereunto affixed the day and year first herein wr i tten. In Presence of: UNION PACIFIC LAND RESOURCES CORPORATION UIC LAW DEPARTMENT DOCUMENT NO. 1-2374-2 Page 5 STATE OF NEBRASKA) ) SS: COUNTY OF DOUGLAS) On this C. , ay of before me, a Notary Public in and for said Cou~,ty in the S~ate aforesaid personally appeared ' '):],~'~ {/iC":7-L~,~c~ ..... to ~...personally,known, and to me personally known to be · ~ ~' /.. ,~... ~ ~-= ............ ~-c~--~~. ~ of UNION PAC,IFIC L~D RESOURCES CORPO~TION, and to be the same person whose name is subscribed to the foregoing instrument, and who, being ,hv me duly sworn, did say that he is ~/~.~.~ .i~'>..g~ of Unio~ Pacific Land Resources Corporation; that the seal affixed to said in- strument is the corporate seal of said corporation; and that said instrument was si~gned and sealed on behalf of said corporation .by authority of its board of directors; and the said ~ ,~ [/~ (:>-~-~?_/C% acknowledged said instrument to be his free and voluntary act and deed, and the free and voluntary act and deed of said corporation, . by it voluntarily executed, for the uses specified therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires _ _'~'/'/X:?~,~. ~-. ~,~. Residing at ~.~2'~,,..,~ ~' (SEAL) ~ ~ KATHERINE L. KUHN ~My ~m~ E~p. Mat ~, UIC LAW DEPARTMENT ~DOCUMENT NO. 1-3374-2 Page 6 EXHIBIT A ¥ 488 A strip of land, 60.0 feet in width, situate in the Southeast Quarter of the Southeast Quarter (SE¼SE¼) of Section 33, Township 21 North, Range 115 West of the Sixth Principal Meridian,. Lincoln County, State of Wyoming, said strip being all of that land lying between lines parallel with and 30.0 feet on each side of the fol!owing described centerline and said centerline prolonged: Beginning at a point on the south line of said Section 33, which point bears South 89 degrees 51 minutes East, 1883.9 feet from the south quarter corner of said Section; thence North 0 degrees 20 minutes East, 73.9. feet; thence North 18 degrees 07 minutes West, 533.0 feet; thence North 18 degrees 24 minutes West, 160.4 feet to the intersection of said centerline with the centerline of an existing road, said intersection being the terminus of said strip. Said strip of land is 767.3 feet (46.50 rods) in length, more or less, and contains an area of 1.06 acres, more or less. EXHIBIT B TO UIC LAW DEPARTMENT DOCUMENT NO. i-3374-2 Page 1 of 2 pa~es 489 TRANS~EROR'S AF?IDAVIT AND CERTI?ICA?ZON OF NON-FOREZGN STATUS Furnished in Accordance with Sec~ion 1445(b)(2) of The Internal Revenue Code of UNION PACIFIC LAND RESOURCES CORPORATYON, hereby certify the following: 1. UNION PACIFIC LAND RESOURCES CORPORATION is not a nonresident alien for purposes of U. S. income taxation; 2. UNION PACIFIC LAND RESOURCES CORPORATION's U. S. taxpayer identifying number is 13-2678588; and 3. Its business address is 345 Park Avenue, New York, New York 10154. UNION PACIFIC LAND RESOURCES CORPORATION under- stands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement made here could be punished by fine, i~prisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. Date: STATE OF NEB~SKA ) ) SS: COUNTY OF DOUGLAS ) On this<~ ay of ~, c ~'~,~AA~___, 19~ before me, a Notary Public in and for said County in the State afore- said, personally appeared ~;9,~ '/ [/ ~<t.~'~-C~ ~ to,me personally known, and to me personally known to of Union Pacific Land Resources Corporation, and to be the EXHIBIT B TO 6iC LAW DEPARTMENT DOCUMENT NO. 1-3374--2 Page 2 of 2 pages same person whose name is subscribed to the foregoing instrumer~t,., and who, being by me duly sworn, did say that he is ~->~.5~'.~.~fo-I, ~. of Union Pacific Land Resources Corporation; and the said .... [~ ~3~ [:~7~[a=_% acknowledged said instrument to be his free and voluntary act and deed, and the free and voluntary act and deed of said corporation, by him voluntarily executed, for the purposes specified therein. IN WITNESS WHE~OF~ I have hereunto set my hand and official seal the day and year last above written. My commission expires Q ~. /~../~ - es~alng a~. ~ My ~mm. Exp, Mar, 15H988 ~ EXHIBIT A A strip of land sixty feet (60') in width situated in %he South- east Quarter (SE1/4) of Section Thirty-three (33), Township Twenty-one (21) North, Range One Hundred Fifteen (115) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. Beginning at a point on the South Line of Said Section 33, which point bears South 89°51' East, 1883.9 feet from the South Quarter Corner of said section 33; Thence North 00020' East, a distance of 73.9 feet; Thence North 18°7' West, a distance of 533.0 feet; Thence Northwesterly for a distance of 2~722 feet to the intersection with Lincoln County Road 12-326. The said strip of land is 322~.9 feet in length, more of less.